- LOS ANGELES (Reuters) - A
federal appeals court upheld California's assault weapons control act on
Thursday, ruling that there is no constitutional right for individuals
to keep and bear arms, the Los Angeles Times reported Friday.
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- The 3-0 decision, declaring that the 2nd Amendment protects
only the right of states to organize and maintain militias, is at odds
with the position of the Bush administration and a decision last year by
a federal appeals court in New Orleans.
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- California adopted the nation's most sweeping assault
weapons ban in 1999. It prohibits the manufacture, sale or import of weapons
including grenade launchers, semiautomatic pistols with a capacity of more
than 10 rounds, semiautomatic rifles that use detachable magazines and
guns with barrels that can be fitted with silencers.
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- In February 2000, a month after the law took effect,
a group of individuals who either own assault weapons or want to buy them
challenged the law in U.S. District Court in Sacramento, contending that
it violated the 2nd Amendment, the equal protection clause and other constitutional
provisions.
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- U.S. District Judge William B. Shubb dismissed all of
the plaintiffs' claims last year. Thursday's decision by the San Francisco-based
U.S. 9th Circuit Court of Appeals upheld Shubb's ruling on the 2nd Amendment
and one granting an exemption to the law for off-duty police officers.
The appellate court overruled Shubb on another point, declaring that there
was no rational basis for retired police officers to be exempt from the
law.
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- California Atty. Gen. Bill Lockyer, whose office defended
the state law in court, applauded the decision, which was also praised
by attorneys for gun control organizations and denounced by leading gun
owner associations, the Times said.
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- The plaintiffs could ask the full 9th Circuit to rehear
the case or could directly appeal to the U.S. Supreme Court, which has
not ruled on the issue for more than 60 years.
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- The U.S. Justice Department under Atty. Gen. John Ashcroft
has taken the position that individuals have a constitutional right to
bear arms.
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- At issue is the meaning of the 2nd Amendment, which states:
"A well-regulated militia being necessary to the security of a free
state, the right of the people to keep and bear arms shall not be infringed."
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